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Patna High Court

Phulendra YadavversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

Bail was granted to the petitioner subject to a bond of Rs. 10,000 and specified conditions.

Summary

Phulendra Yadav was arrested in connection with a dowry‑death case (Lokaha P.S. Case No. 54 of 2025) under Sections 103, 80 and 3(5) of the Bihar Narcotic Substances Act, 2023 and Sections 3 and 4 of the Dowry Prohibition Act. He applied for bail, claiming that the FIR contains only a generic allegation against all accused and that there is no specific charge against him. The prosecution opposed bail, highlighting his four prior criminal antecedents, though he is already on bail in two of those cases. The Court observed that the FIR does not specifically allege any act by the petitioner and that the principal accused (the husband of the deceased) is already in custody. Consequently, the Court granted bail on a bond of Rs. 10,000 with two sureties, subject to conditions of cooperation, appearance, non‑tampering with evidence, and verification of his antecedents.

Issues considered

  • Whether bail should be granted to the petitioner despite the absence of a specific allegation against him in the FIR and his prior criminal antecedents.

Legislation cited

Subjects

  • bail
  • dowry death
  • criminal antecedent
  • Bihar Narcotic Substances Act
  • Dowry Prohibition Act
  • criminal procedure
  • FIR
  • generic allegation

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.20921 of 2026
                         Arising Out of PS. Case No.-54 Year-2025 Thana- Lokha District- Supaul
                 ======================================================
                 Phulendra Yadav Son of Rajendra Yadav Resident of Village- Kajra
                 (Mohania) Ward No. 12, PS.- Lokaha, District- Supaul

                                                                                    ... ... Petitioner/s
                                                        Versus
                 The State of Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :        Ms. Patla Kumari, Advocate
                 For the Opposite Party/s :        Mr. Jai Narain Thakur, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA
                                       ORAL ORDER

2   30-03-2026                      Heard Ms. Patla Kumari, learned counsel for the

                   petitioner and Mr. Jai Narain Thakur, learned Additional Public

                   Prosecutor for the State.

                               2. Petitioner seeks bail who is in custody since

                   17.10.2025 in connection with Lokaha P.S. Case No. 54 of

                   2025, F.I.R. dated 20.06.2025 for the offences punishable under

                   Sections 103, 80 and 3(5) of the BNS, 2023 and Section 3/4 of

                   the Dowery Prohibition Act.

                               3.     According to prosecution case, all the accused

                   persons including this petitioner have killed the informant's

                   sister due to non-fulfillment of demand of dowry.

                               4. Learned counsel for the petitioner submits that

                   petitioner is innocent and he has falsely been implicated in the
Patna High Court CR. MISC. No.20921 of 2026(2) dt.30-03-2026
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          present case. The allegation as alleged in the FIR is false and

          fabricated and the petitioner has not committed any offence as

          alleged in the FIR. She further submits that the informant is not

          the eye witness of the alleged occurrence and merely on the

          basis of suspicion the informant has filed the present case. From

          perusal of the FIR it appears that although the petitioner is

          named in the FIR but there is no specific allegation of assault or

          demand of dowry against this petitioner rather there is general

          and omnibus allegation against all the accused persons including

          this petitioner. As per the allegation in the FIR, the father-in-law

          and husband of the deceased have strangulated the deceased and

          petitioner has been made accused merely on the ground that he

          is cousin father-in-law of the deceased. The husband of the

          deceased is languishing in judicial custody and the petitioner is

          in custody since 17.10.2025.

                      5. The learned Additional Public Prosecutor has

          vehemently opposed the prayer for bail of the petitioner and

          submits that the petitioner is named in the FIR and apart from

          that the petitioner carries four criminal antecedents other than

          the present one but fairly submits that he is on bail in two cases

          and rest two cases are pending for consideration before the

          competent Court of law.
Patna High Court CR. MISC. No.20921 of 2026(2) dt.30-03-2026
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                       6. Considering the aforesaid facts and circumstances

          that there is no specific allegation against the petitioner in the

          FIR and the husband of the deceased is in judicial custody, let

          the petitioner, above named, be released on bail on furnishing

          bail bond of Rs. 10,000/- (Ten Thousand) with two sureties of

          the like amount each to the satisfaction of the learned Judicial

          Magistrate 1st Class, Supaul in connection with Lokaha P.S.

          Case No. 54 of 2025, subject to the following conditions:-

                       i. Petitioner shall co-operate in the trial and shall be

          properly represented on each and every date fixed by the court

          and shall remain physically present as directed by the court and

          on his absence on two consecutive dates without sufficient

          reason, his bail bond shall be cancelled by the Court below.

                       ii. If the petitioner tampers with the evidence or the

          witnesses, in that case, the prosecution will be at liberty to

          move for cancellation of bail.

                       iii. And further condition that the court below shall

          verify the criminal antecedent of the petitioner and in case at

          any stage it is found that the petitioner has concealed his

          criminal antecedent, the court below shall take step for

          cancellation of bail bond of the petitioner. However, the

          acceptance of bail bonds in terms of the above-mentioned order
            Patna High Court CR. MISC. No.20921 of 2026(2) dt.30-03-2026
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                      shall not be delayed for purpose of or in the name of

                      verification.



                                             (Rajesh Kumar Verma, J)
Vanisha/-

U      T


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